论体育运动中风险自负原则对特殊主体的适用
发布时间：2018-09-19 12:42
【摘要】：在西方国家侵权法下风险自负原则在运动领域的适用是很普遍的司法实务,其着重强调在被告存在过失侵权致人伤害的情况下赔偿责任的豁免。而在我国法律环境中,运动场上如果发生"犯规"等行为过失致人伤害时更应该适当阻却风险自负原则的适用,在行为人无过失行为致人伤害时,才启动风险自负原则的全部适用,行为人无赔偿义务。一些特殊运动主体如未成年人、新兴运动参与者、观众等,在涉及到此几类特殊主体的伤害事件时,风险自负原则的适用和阻却适用应与该原则的常规适用条件和方法有所区别,如应综合考虑未成年对危险的预知能力、行为自控能力较差;综合考虑新兴运动与众不同的固有风险及参与者对运动固有风险有限的知晓程度;观众群体与运动员群体"风险不对等""活动范围空间互相侵犯程度不一"等因素。
[Abstract]:The application of the principle of risk conceit in the field of sports is a common judicial practice under the tort law of western countries, which emphasizes the immunity of liability in the case where the defendant is injured by negligent tort. In the legal environment of our country, if "foul" occurs on the sports ground, the application of the principle of risk conceit should be obstructed when the principle of "foul" or other behavior negligence results in injury, and when the perpetrator does not commit a negligent act to cause injury, Only by initiating the full application of the risk-bearing principle, the actor has no obligation to compensate. Some special sports subjects, such as minors, participants in emerging sports, spectators, etc., when it comes to injury events involving these special subjects, The application and hindrance of the principle of risk conceit should be different from the general conditions and methods of application of the principle, such as the ability to predict the danger of minors should be considered comprehensively, and the ability of self-control of behavior should be poor. The factors such as the unique inherent risk of emerging sport and the limited awareness of the participants to the inherent risk of sports, the "unequal risk" between the audience group and the athletes group, and the different degree of encroachment of the scope of activities between the audience and athletes are considered comprehensively.
【作者单位】： 重庆大学体育学院;重庆大学法学院;
【基金】：重庆大学学校科技创新专项(社科类)项目“侵权法下风险自负原则的适用条件研究”阶段性研究成果 中央高校基本科研业务费(106112015CDJSK25XK14)资助
【分类号】：D923
，
本文编号：2250153
[Abstract]:The application of the principle of risk conceit in the field of sports is a common judicial practice under the tort law of western countries, which emphasizes the immunity of liability in the case where the defendant is injured by negligent tort. In the legal environment of our country, if "foul" occurs on the sports ground, the application of the principle of risk conceit should be obstructed when the principle of "foul" or other behavior negligence results in injury, and when the perpetrator does not commit a negligent act to cause injury, Only by initiating the full application of the risk-bearing principle, the actor has no obligation to compensate. Some special sports subjects, such as minors, participants in emerging sports, spectators, etc., when it comes to injury events involving these special subjects, The application and hindrance of the principle of risk conceit should be different from the general conditions and methods of application of the principle, such as the ability to predict the danger of minors should be considered comprehensively, and the ability of self-control of behavior should be poor. The factors such as the unique inherent risk of emerging sport and the limited awareness of the participants to the inherent risk of sports, the "unequal risk" between the audience group and the athletes group, and the different degree of encroachment of the scope of activities between the audience and athletes are considered comprehensively.
【作者单位】： 重庆大学体育学院;重庆大学法学院;
【基金】：重庆大学学校科技创新专项(社科类)项目“侵权法下风险自负原则的适用条件研究”阶段性研究成果 中央高校基本科研业务费(106112015CDJSK25XK14)资助
【分类号】：D923
，
本文编号：2250153
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